CGS § 54-33f. Motion for return of unlawfully seized property and suppression as evidence.

History discussed. 152 C. 90. Cited. 154 C. 314, 321. Neither statement that affiant had information from reliable informant nor that apartment sought to be searched had been under police surveillance was sufficient grounds for issuance of warrant, hence search warrant was illegal. 155 C. 385. Motion to suppress evidence consisting of several marked bills found on defendant immediately after he was observed selling narcotics to an informer, obtained by search incident to his lawful arrest for commission of felony of illegal sale of narcotics, properly denied. Id., 516. Ruling denying defendant's motion to suppress evidence of narcotics seized by arresting officer from stolen car in defendant's possession without obtaining search warrant was superseded by ruling during trial admitting narcotics as evidence; where defendant driver of stolen car had been arrested and drugs were found in car on custodial search by arresting officer, motion to suppress use of drugs in evidence properly denied. 159 C. 201. Cited. 169 C. 322. Person aggrieved by search and seizure may move to suppress for use as evidence anything obtained upon warrant when there is not probable cause for believing the existence of grounds for warrant. 170 C. 618. Cited. 195 C. 668; 216 C. 150, see also 26 CA 423, 27 CA 291, 223 C. 902 and 225 C. 10, reversing judgment of Appellate Court in State v. Marsala; 223 C. 903; 226 C. 514; 239 C. 793.

Cited. 10 CA 561; 14 CA 605; 15 CA 251; 27 CA 370; 31 CA 548.

Use of motion to suppress. 29 CS 423. Motion to dismiss, motion to suppress, difference. 30 CS 211. Section implements fourth amendment of U.S. Constitution and Art. I, Sec. 7 of the Connecticut Constitution and is analogous to rule 41 of Federal Rules of Criminal Procedure; purposes of rule. 33 CS 129.

Evidence obtained by an immediate search of defendant's apartment after her arrest for liquor violation was admissible; search without warrant was an incident to a lawful arrest. 4 Conn. Cir. Ct. 125. Where officers went beyond directives of warrant for search of defendant and certain premises and searched automobiles, evidence obtained was suppressed, but articles taken were not returned in absence of demand or request. Id., 422, 423. Property sought to be suppressed was voluntarily handed over to police officers by defendant's wife who was not party to defendant's appeal; he has no standing to claim violation of wife's constitutional rights as these are personal to her. Id., 605. Testimony or information, although not tangible, come within purview of statute. 5 Conn. Cir. Ct. 44. Although not expressly required, it is better practice for motion to suppress to be in writing. Id., 51. Motion by defendant to suppress evidence seized in search of his car dismissed by Circuit Court where prosecuting attorney had instituted bindover proceedings in Superior Court. Id., 119. While it is better practice to test legality of seizure in preliminary hearing, court may entertain motion to suppress at trial; officers did not search for papers where they had defendant under surveillance in his store and saw him putting papers under rafters of hatchway and picked them up upon arrest. Id., 613. Where there was probable cause to believe that defendant was in business of pool selling from allegations of affidavit, search warrant was properly issued. Id, 669. Burden of proof relative to the illegality of search and seizure is on accused; newspaper, policy sheet and pen discarded by accused were abandoned property and apprehension of them by police is not seizure of defendant's property. 6 Conn. Cir. Ct. 17. Doctrine of retroactivity not applied to procedural problem of this kind. Id., 192, 194. Motion to suppress must specify item to be suppressed. Id., 454. Cited. Id., 574, 584.